A writ of Habeas Corpus cannot be issued without evidence of illegal detention.

Raja Vijayaraghavan V, J.

This Writ Petition is filed seeking the following relief:

(i) Issue a writ in the nature of Habeas Corpus or any other appropriate writ or other direction commanding the 1st respondent to take custody of and produce before this Hon'ble Court the detenue named Vishnupriya, aged 22 years from the illegal custody and detention of 2nd respondent.

2. According to the petitioner, he and the daughter of the 2nd respondent have been in a romantic relationship for the past two years. He contends that the daughter of the 2nd respondent, who is alleged to be the detenu, is being illegally detained by her father, the 2nd respondent. It is further stated that, though he attempted to contact the alleged detenu, he was forcibly prevented from entering the premises. It is in the aforesaid circumstances that this writ petition has been filed.

3. In terms of the directions issued by this Court, the petitioner as well as the alleged detenu have appeared in person.

4. We have interacted with both the petitioner and the detenu. The detenu stated that, though they were in a relationship earlier, she has now taken a conscious decision that i t would be in the interest of both parties to part ways. She has categorically stated that she is not under any illegal detention and that she does not wish to continue the relationship with the petitioner.

5. In that view of the matter, and in the absence of any material to indicate illegal detention, we find that no case is made out for invoking the jurisdiction of this Court under Article 226 of the Constitution of India .

This Writ Petition (Crl.) is dismissed.